Privacy Policy

Introduction

Welcome to HitIQ's privacy policy.

HitIQ respects your privacy and is committed to protecting your personal data. This privacy policy will tell you about how we look after your personal data when you use our products or visit our website (regardless of where you visit it from), and inform you about your privacy rights and how the law protects you.

1. Important information and who we are


Purpose of this privacy policy

This privacy policy aims to give you information on how HitIQ collects and processes your personal data through your use of our products and website, including any data you may provide to us through It is important that you read this privacy notice together with any other privacy policy or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements other notices and privacy policies and is not intended to override them.

Responsibility for your data

Controller: when you visit our website, purchase products directly from us, or if you have your 3D printed dentition taken directly by us, HitIQ is the controller and responsible for your personal data (collectively referred to as "HitIQ", "we", "us" or "our" in this privacy policy).

Joint Controller: if we partner with a club, team, league or association, or with a private insurance company, and we use your personal data for our own purposes outside the fulfillment of the contract in place, such as using non-anonymized impact data or sponsoring a study, then we act as a joint controller of your personal data

Processor: when one of our products is provided to you by your club, team, league, or association, then we act as a data processor of your data under a contract with your club, team, league or association.

DPO: We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy policy. Please contact the DPO using the details set out below if you have any questions about this privacy policy, including any requests to exercise your legal rights.

Contact details

If you have any questions about this privacy policy or our privacy practices, please contact our DPO in the following ways:

Full name of legal entity: HitIQ Limited

Email address: privacy@hitiq.com
Postal address: FAO: HitIQ DPO, Suite 1, Level 2, 9/17 Raglan Street, South Melbourne, VICTORIA, 3205, Australia

Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review. Historic versions can be obtained by contacting us.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

This website may include links to third-party websites, plug-ins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

Children

This website is not intended for children. Persons under the age of 16, or any higher applicable minimum age in the jurisdiction where that person resides, are not permitted to use our products, or participate in trials unless their parent or guardian has consented in accordance with applicable law. If we learn that we have collected the personal information of a child under the relevant minimum age without parental or guardian consent, we will take steps to secure parent or guardian consent or delete the information as soon as possible. Parents who believe that their child has submitted personal information to us and would like to have it deleted may contact us at privacy@hitiq.com.

2. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

  • Identity Data includes first name, last name, username, or similar identifier.

  • Contact Data includes billing address, delivery address, email address and telephone numbers.

  • Financial Data includes bank account details.

  • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.

  • Website Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.

  • Nexus Product Technical Data includes the 3D printed dentition of an individual’s upper teeth (biometric data), kinetic data captured by the mouthguard and any correlating video of impacts, club, team, league, or association that you are affiliated with and position in that team.

  • Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback, and survey responses.

  • Usage Data includes information about how you use our website, products, and services.

  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

Special Categories of Personal Data

When you use our Nexus product, we need to capture some background health information and specific biometric information, such as making a 3D printed dentition of your upper teeth and kinetic data derived from your mouthguard. Other than your use of the Nexus Product, we do not collect otherSpecial Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you or your club, team, league or association, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our product or the information that is generated by our products). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.

3. How is your personal data collected?

We use different methods to collect data from and about you including through:

  • Direct interactions. You may give us your Identity, Contact and Financial Data, and Nexus Product Technical Data by using our products, filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
    • purchase our products or services directly;
    • set-up an athlete account on our web application;
    • participate in studies that we sponsor;
    • subscribe to our service or publications;
    • request marketing to be sent to you;\enter a competition, promotion, or survey; or
    • give us feedback or contact us.
  • Indirect Product Interactions. If your club, team, league or association have a contract with us, they may provide you with one of our products and set you up as a product user via our web application. Your personal information will then be provided to us through your use of our products.
  • Automated technologies or interactions. As you interact with our website, we will automatically collect Website Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our cookie policy for further details.
  • Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:

Website Technical Data from the following parties:

      1. analytics providers (such as Google based outside the UK/EU);
      2. search information providers (such as Google) based outside the UK/EU].
  • Contact, Financial and Transaction Data from providers of technical, payment and delivery services based in Australia.
  • Identity and Contact Data from publicly available sources such as club or team websites.

4. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • Where we need to perform a contract that we have entered into with your club, team, league or association.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal obligation.
  • Where we have obtained your consent or explicit consent, such as participation in a study sponsored by us.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/ActivityType of dataLawful basis for processing including basis of legitimate interest
To register you as a new customer(a) Identity
(b) Contact
(c) Nexus Product Technical Data
Performance of a contract with you or performance of a contract with your club, team, league, association
To process and deliver your order including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(a) Identity
(b) Contact
(c) Financial
(d) Transaction
(e) Marketing and Communications
(a) Performance of a contract with you or performance of a contract with your club, team, league, association
(b) Necessary for our legitimate interests (to recover debts due to us)
To provide you or your club, team, league, association with the data captured by our products(a) Identity
(b) Contact
(c) Nexus Product Technical Data
(a) Performance of a contract with you or performance of a contract with your club, team, league, association
(b) Necessary for our legitimate interests (to improve our products)
To manage our relationship with you which will include:
(a) Notifying you about changes to our terms or privacy policy
(b) Asking you to leave a review, take a survey or provide comments
(a) Identity
(b) Contact
(c) Profile
(d) Marketing and Communications
(a) Performance of a contract with you or performance of a contract with your club, team, league, association
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To enable you to partake in a prize draw, competition or complete a survey(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)(a) Identity
(b) Contact
(c) Website Technical Data
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(f) Website Technical Data
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences(a) Website Technical Data
(b) Usage
(c) Nexus Product Technical Data
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy, and to use research data to improve our products and develop new features and products).
Explicit consent, such as participation in a study sponsored by us.
To make suggestions and recommendations to you about goods or services that may be of interest to you(a) Identity
(b) Contact
(c) Website Technical Data
(d) Usage
(e) Profile
(f) Marketing and Communications
Necessary for our legitimate interests (to develop our products/services and grow our business)



Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. You can unsubscribe at any time from any direct marketing message received from us.

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased products or services from us and you have not opted out of receiving marketing messages from us.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us from a product/service purchase, warranty registration, product/service experience or other transactions.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookies Policy.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. Disclosures of your personal data

We may share your personal data with the parties set out below for the purposes set out in the table above.

  • Internal Third Parties - other companies in HitIQ’s Group of companies acting as joint controllers or processors, based in Australia, the United States and the UK, who provide sales and support (such as taking a 3D printed dentitions).

  • External Third Parties, such as:
    • Data center infrastructure based in Australia, the United States, the UK, and the EU.

    • Your club, team, league, or association who have a contract in place with us for the provision of our products.

    • Service providers acting as processors based in Australia, the United States and the United Kingdom who provide dentition support and IT and system administration services.

    • Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors, and insurers based in Australia who provide consultancy, banking, legal, insurance and accounting services.

    • Relevant tax authorities acting as processors or joint controllers who require reporting of processing activities in certain circumstances.

    • Research study co-sponsors if you have agreed to participate in one.

  • Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. International transfers

We are an Australian headquartered company. If you are based in the UK or EU, this will involve transferring your data outside the UK and EU.

Many of our external third parties are also based outside the UK and the EU, so their processing of your personal data will involve a transfer of data outside the UK or the EU.

Whenever we transfer your personal data out of the UK or the EU, we ensure a similar degree of protection is afforded to it by ensuring that the country to which we are sending it to has what the UK and EU deem ‘adequate’ level of protection for personal data, or, we enter into approved standard contractual clauses that govern the protection of your personal data.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK or the EU.

7. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorized way, altered, or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you or the controller of your data and any applicable regulator of a breach where we are legally required to do so.

8. Data retention

How long will you use my personal data for?
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting, or other requirements.

In some circumstances you can ask us to delete your data: see Your Legal Rights below for further information.

In some circumstances we will anonymize your personal data (so that it can no longer be associated with you) for research, product, or statistical purposes, in which case we may use this information indefinitely without further notice to you.

9. Your legal rights

Under certain data protection laws, you may have the right in relation to your personal data to:

Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

  • If you want us to establish the data's accuracy.

  • Where our use of the data is unlawful, but you do not want us to erase it.

  • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.

  • You have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Complaints

If you are based in Australia, the UK or in the EU, you have the right to make a complaint at any time to your applicable regulator for data protection issues. For example, in Australia it is the Federal Privacy Commissioner, and in the UK it is the ICO. We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.